NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ballina Shire Council v Stubberfield and Anor [2006] NSWLEC 324
APPLICANT Ballina Shire Council PARTIES : RESPONDENTS John Richard Stubberfield and Dorothy May Stubberfield
FILE NUMBER(S) : 41284 of 2005
CORAM: Pain J
KEY ISSUES: Civil Enforcement :- whether s 124 order requiring connection to the Council's sewer should be enforced - whether separate lots must be connected individually to the Council's sewer - exercise of discretion to issue a s 124 order - making of final order to protect public health
Environmental Planning and Assessment Act 1979 s77(3), s124 Local Government Act 1993 s68, s124, s132, s672, s673, s676 LEGISLATION CITED: Local Government (General) Regulation 2005 cl 3, cl 162 Local Government (Water Services) Regulation 1999 cl 31 Protection of the Environment Operations Act 1997 s91
Ballina Shire Council v Jacobson & McMillan [2006] NSWLEC 135; CASES CITED: Cassaniti & Anor v City of Canada Bay Council [2002] NSWLEC 144; J & J O'Brien Pty Ltd v South Sydney City Council [2002] NSWCA 259
DATES OF HEARING: 01/05/2006
DATE OF JUDGMENT: 06/16/2006
APPLICANT Mr D Wilson (barrister) SOLICITOR LEGAL REPRESENTATIVES: WJ Grace & Co FIRST RESPONDENT In person SECOND RESPONDENT No appearance
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